APER Rules 7

Section 7 · Transfer of Personnel

(1)

The transfer of personnel, in terms of these rules, shall be subject to the terms and conditions contained in the Act and the applicable Tripartite Agreements as listed in Schedule-D.

(2)

Subject to sub-rule (1), the personnel on the effective date of transfer notified for the purpose shall stand classified, transferred and allocated to the services of APGENCO or APTRANSCO in the manner specified in Sections 1 and 2 of Schedule-E.

(3)

On such transfer and subject to the provisions of the Act and other provisions in these rules the personnel shall form part of the services of APGENCO or APTRANSCO, as the case may be, with the status and in the post, scale of pay and seniority being maintained in the same manner as in the Board on the effective date of transfer.

(4)

Subject to sub-rule (1), the State Government may, after consulting the APGENCO, and by order to be notified as the effective date of transfer for the purpose frame a transfer scheme and, require APGENCO (the TRANSFEROR COMPANY) to transfer such of the Personnel as the State Government may specify to other generating company or companies, in such manner and on such terms and conditions as the State Government may specify in the order.

(5)

Subject to sub-rule (1), the State Government may, after consulting the APTRANSCO, and by order to be notified as the effective date of transfer for the purpose frame a transfer scheme and, require APTRANSCO (the TRANSFEROR COMPANY) to transfer such of the Personnel as the State Government may specify to the APDISTCOs, in such manner and on such terms and conditions as the State Government may specify in the order.

(6)

The transfer of personnel shall be further subject to the following conditions, namely:-

(a)

that the terms and conditions of the services applicable to them on the effective date of the transfer notified for the purpose, shall not in anyway be less favourable than or inferior to those applicable to them immediately before the said effective date;

(b)

all such personnel shall have continuity of service in all respects;

(c)

all benefits of service accrued before the said effective date shall be fully recognised and protected and taken into account for all purposes including the payment of terminal benefits;

(d)

subject to orders that may be passed by the Courts in the Proceedings pending on the said effective date of the transfer in regard to seniority or other matters concerning the service conditions of the Personnel;

(e)

subject to the above, the personnel shall cease to be in the service of the Board or the Transferor Companies, as the case maybe, and it shall not assert or claim any benefit of service under the State Government or the Board or the TRANSFEROR COMPANIES, except as provided in the Andhra Pradesh Electricity Reform Act, 1998, these Rules and in the Tripartite Agreements;

(f)

all other terms and conditions as specified in the Tripartite agreements.

(7)

Subject to sub-rules (1) and (6), the transferee shall frame regulations governing the conditions of service of personnel transferred to the transferee under these rules and till such time, the existing service conditions of the Board shall mutatis mutandis apply.

(8)

In respect of all statutory and other schemes and employment related matters including the provident fund, gratuity fund, pension and any other superannuation fund or any other special fund created or existing for the benefit of the personnel, the relevant Transferee shall stand substituted for the Board for all purposes and all the rights, powers and obligations of the Board in relation to any and all such matters shall become those of the Transferee concerned and the services of the personnel shall be treated as having been continuous for the purpose of the application of this sub-rule.

(9)

The State Government shall make appropriate arrangements in regard to the funding of the pension funds and other personnel related funds to the extent they are unfunded on the effective date of transfer of the Personnel from the Board and till such arrangements are made all such payments for personnel who retire after the effective date shall be entirely arranged by the APTRANSCO.

(10)

The State Government shall make appropriate arrangements in regard to the funding and due payment of all terminal benefits to the existing pensioners of the Board as on the effective date of transfer and till such arrangements are made the payment falling due shall be made by the APTRANSCO, subject to such adjustments as may be decided between the State Government and the APTRANSCO.For the purpose of this sub-rule the term:-

(i)

"Existing Pensioner" means all the persons eligible for the pension as on the effective date of transfer from the Board and shall include family members of the personnel as per the applicable scheme, and

(ii)

"Terminal Benefits" means the gratuity, pension, dearness and other applicable relief, medical benefit and other applicable benefits including the right to have the appropriate revisions in the above benefits consistent with the practice that were prevalent in the Board.

(11)

All Proceedings including disciplinary Proceedings pending against the personnel prior to the effective date of transfer from the Board to the APGENCO or the APTRANSCO or from the APGENCO and the APTRANSCO to other generating companies or the APDISTCOS, as the case may be, or which may relate to misconduct, lapses or acts of commission or omission committed before the effective date of transfer notified for the purpose, shall not abate and may be continued by the relevant Transferee:Provided that all disciplinary cases finalised as on the date of the effective date of transfer notified for the purpose shall not be reopened by the Transferee.

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